Terms of Use. Your use of the INCIDE and
or its affiliates and subsidiaries (hereinafter "INCIDE") website
(hereinafter "Website") represents your agreement to comply with all
terms, including notices, of this Website. INCIDE may change these
terms at any time and your use is subject to the changes. If you do
not accept these terms, you are not authorized to access and use
this Website, and you are required to exit this Website immediately.
Use or reproduction of the content or materials for any purpose not
expressly permitted is prohibited. INCIDE reserves the right, in its
sole discretion, to terminate your access to all or part of this
site, with or without notice.
Disclaimer. ALL MATERIALS, INFORMATION
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. INCIDE DISCLAIMS
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. INCIDE DOES NOT
WARRANT THAT THE CONTENT OF THIS WEB SITE IS ACCURATE, RELIABLE OR
CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT
THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE
OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
Limitation of Liability. INCIDE AND ITS
SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF INCIDE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS
THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
User Conduct. You shall not in any
manner: (i) distribute, use or make copies of, or otherwise
duplicate any materials contained on the Website, except as
expressly authorized under these Terms or authorized by INCIDE; (ii)
make the Website, or any Materials contained on the Website,
available to any unauthorized third party; (ii) sell, loan, rent,
lease, re-license, sublicense, transmit, distribute, re-distribute,
or timeshare the Website, or create any Internet "link" to the
Website without prior express written authorization from INCIDE, or
"frame" or "mirror" the materials or services contained on or
accessible from the Website on any other server or Internet-based
device; (iii) cause or permit the reverse engineering, disassembly,
decompilation of, or any other attempt to derive any software
comprising or available through the Website, except to the extent
permitted by law; or (iv) remove, alter, amend, or otherwise tamper
with any titles, trademarks, copyright, restricted rights notices,
or other proprietary rights legend, or any license agreement,
included or provided with the Website. In addition, without
limitation, You agree not to use the Website: (a) to harvest,
collect, gather or assemble any Materials for other than internal,
noncommercial use; (b) to harvest, collect, gather or assemble
information or data regarding other users, including e-mail
addresses, without their consent; (c) to transmit or post any
material or information which is unlawful, harassing, libelous,
abusive, harassing, tortious, defamatory, threatening, harmful,
abusive, libelous, invasive of another's privacy, vulgar, obscene or
otherwise objectionable; (d) to transmit any material that may
infringe the intellectual property rights or other rights of third
parties, including any patent, trademark, copyright, trade secret,
or right of publicity; (d) to transmit any material that contains
software viruses or other harmful or deleterious computer code,
files or programs such as trojan horses, worms, time bombs,
cancelbots; (e) to interfere with or disrupt servers or networks
connected to the Website, or violate the regulations, policies or
procedures of such networks; (f) to attempt to gain unauthorized
access to the Website, other accounts, computer systems or networks
connected to the Website, through password mining or any other
means; or (g) to harass or interfere with another user's use and
enjoyment of the Website.
IF YOU ARE ENTERING THIS AGREEMENT ON
BEHALF OF A CORPORATION OR OTHER LEGAL ENTITY, OR ACCESSING OR USING
THIS WEBSITE AS PART OF YOUR DUTIES AS AN EMPLOYEE OF A CORPORATION
OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO INCIDE
THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH CORPORATION OR
LEGAL ENTITY AND TO BIND THE SAME TO THESE TERMS AND ALL OBLIGATIONS
ARISING HEREUNDER. ALL RIGHTS AND LICENSES GRANTED HEREUNDER ARE
PERSONAL TO YOU AND SHALL NOT INCLUDE ANY RIGHT TO GRANT SUBLICENSES
TO ANY THIRD PARTY EXCEPT AS EXPRESSLY SETFORTH
HEREIN.
User Accounts. You may be granted
permission to establish, access and use an account on this Website
containing your preferences and other materials ("Your Account").
The permission to establish Your Account is personal to you and Your
Authorized Users, and cannot be shared with or otherwise used by any
other individual or entity. You hereby represent and warrant that
all information provided INCIDE in registering for Your Account is
current, complete and correct, and that you will promptly update
such information following any change which renders it incomplete or
incorrect. INCIDE may refuse to open, permit access to, or terminate
Your Account if we suspect any information provided by You or any
Authorized User is untrue, inaccurate, incomplete, not current, or
misleading. INCIDE may place restrictions on the types and amounts
of information stored in Your
Account.
Links to Other Materials. Any linked
sites contained herein are not under the control of INCIDE and
INCIDE is not responsible for the contents of any linked site or any
link contained in a linked site. INCIDE reserves the right to
terminate any links or linking program at any time. INCIDE does not
endorse companies or products to which it links and reserves the
right to note as such on its web pages. If you decide to access any
third party sites linked to this web Website, you do this entirety
at your own risk.
USE OF INCIDE PRODUCTS IN MEDICAL AND
AIRCRAFT OR OTHER TRANSPORTATION SYSTEMS. INCIDE Products are not
authorized for use in, or in connection with Surgical implants, or
as critical components in any medical, or aircraft, or other
transportation devices or systems where failure to perform can
reasonably be expected to cause significant injury to the user,
without the express written approval of an Executive Officer of
INCIDE. Such use is at Buyer's sole risk, and Buyer is responsible
for verification and validation of the suitability of Products
incorporated in any such devices or systems. Buyer agrees that
INCIDE is not liable, in whole or in part, for any claim or damage
arising from such use and shall have no obligation to warranty such
Products. Buyer agrees to indemnify, defend and hold INCIDE harmless
from and against any and all claims, damages losses, costs, expenses
and liabilities arising out of or in connection with Buyer's use of
INCIDE Products in such applications to the extent Buyer has not
obtained the express written approval of an Executive Officer of
INCIDE.